Appeal lodged over Penneys plan for expansion

A THIRD party appeal has been lodged against Cork City Council’s recent grant of conditional planning permission for a major expansion of the Penneys store on Patrick Street.

Last month, the council approved plans submitted by Primark Limited and O’Flynn Construction (Cork) Unlimited Company for the expansion of the city centre store.

The plans would see the retail space of the store increase in size by 17,000 sq ft to 54,000 sq ft, with the project encompassing a site that stretches from Robert St to Cook St, and from Patrick St to Oliver Plunkett St.

The planning application for the proposed development was submitted last August, with Cork City Council submitting a request for further information before making a decision on the application.

Appeal

However, the expansion plans have now hit a stumbling block following an appeal lodged with An Bord Pleanála.

The appellant, the owner of a property on Cook St, has expressed concerns surrounding the plans for Elbow Lane as part of the development.

They argue that the applicant has failed to answer questions such as how they propose to acquire Elbow Lane to develop those lands and secondly “how they propose to then accommodate the accrued private business usage rights for neighbouring premises over Elbow Lane at the Cook Street end of Elbow Lane for the permanent storage, for collection purposes, of refuse bins from that location since their planning application is set to close off that entrance for their sole private usage”.

Cork City Council previously said the lane is a public right of way and the applicant was required “to set out the intention to undertake the required process to extinguish this public right of way and any other intention to acquire this piece of land”.

In their response, a planning consultant on behalf of the applicant stated that the process for extinguishing a public right of way is “within the power of the local authority” and if the applicant were to be granted permission for the development, they intended to request that be set in motion.

“In terms of the existing arrangements to use this laneway for bin storage only the northern part of Elbow Lane has been included as part of this planning application. The southern part of Elbow Lane, which is accessed from Oliver Plunkett Street, will not be impacted by this development and will still remain accessible to all traders who currently use the laneway for bin storage,” the response continued.

However, the appellant argues that such a proposal “cannot be given without first establishing the legal standing to be making said proposal”. The appellant also argues that other matters of their submission have not been dealt with.

An Bord Pleanála is due to make a decision on the case by October 11.